PATENT 

J OF THE TOWN 

OF 

SOUTHAMPTON. 

PUBLISHED BY AUTHORITY 
OF THE TOWJW 



SAG-HARBOR. 

PRINTED AT THE CORRECTOR OFFICE. 
1835. 



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PATENT. 

THOMAS DONGAN Capt Generall Governor in Chiefe and Vice 
Admirall in and over the Province of Newyorke and Territoryes Depend- 
ing ihereon in America &c. under his Majesty James the second By the 
grace of God King of England Scotland ffiance & Jreland Defender of the 
;. To all whom this shall come sendeth Greeting Whereas the 
lonorable Edmund Andross Esquire Seigneur of Sasmurd Lievt. 
vernr. Genii, under his Rrtyall Hiij;h^ James Duke of yorke and 
A &c : now his present. Majesty of all his Territoryes in America 

"f^ir \ certaine writeing or Patent under the seale of the Province bearing 
3 first day of November One thousand six hundred and seventy six 
f;. latifye and confirme unto John Taping, Justice of the Peace Capt. 

J lovvell Thomas Halsey Senior Joseph Raynor Constable Edward 

■ John Jagger John Foster and Francis Sayres Overseers Lievt. 
Fordham Henry Pierson John Cooper EUice Cooke Samuell 
Richard Post and John Jennins as Patentees for and in behalfe 
.iselves and their Associates the ffreeholders and Jnhabitants of the 
■JLowne of Southampton a certaine tract of Land lyeingand being scituate 
in the southside of Long Jsland in the Easiriding of Yorkshire towards 
the Maine sea the Eastward bounds where of extends to a certaine place 
or plaine called Wainscott where the bounds are settled betwixt their 
Neighbors of the Towne of Easthampton and them their southern bounds 
being the sea and so runns Westward to a place called Seatuck where a 
stake was sett at their furthest extent that way then crossing over the Jsland 
to the northward to Peaconock great river not contradicting the agreement 
made betweene their towne and the towne of southold after their tryall at 
the Court of Assizes and so to runn Eastward alongst their north bounds 
to the Easternmost part of Hoggenoch over against shelter Jsland include- 
ing all the necks of Land and Jslands within the aforesaid described 
bounds and limitts together with all Rivers Lakes waters quarries Wood- 
land plaines meadowes pastures marshes fishing hawking huntino- and 
fowling and all other profitts Comodityes and hereditaments to the said 
Towne tract of Land and premisses within the Limitts and bounds afore- 
menconed described belonging or in any wise appertaineing To have and 



TO HOLD all and singular the said Lands hereditaments and premisses with 
their and every of their appurtennces and of every part and parcell 
thereof to the said Patentees and their associates ther heires Successors 
and Assignes forever according to the tenure and custome of the Manor 
of East Greenwich within the County of Kent m England in free and 
Conion Soccp.ge and by fealty only Provided alwayes notwithstanding that 
the extent of the bounds beforerecited do nowayes prejudice or infringe the 
particular proprietyes of any person or persons who have right by Patent 
or other lawful! claime to any part or parcell of land or Tenements within 
the Limitts aforesaid only that all the Land and Plantacons within the said 
Limitts or bounds shall have relacon to the towne in Genii for the well 
government thereof And if it shall so happen that any part or parcell of 
the lands within the bounds and limitts aforedescribed be not already pur- 
chased of the Jndyans it may be purchased (as occasion) according to 
law And moreover he the said Edmund Andross Lievt and Governr 
Genii as aforesaid did further grant and confirme unto the said Patentees 
and their Associates their heires Successors and Assignes all the priviledges 
and Jmunityes belonging to a towne within this Government and that the 
place of theire present habitacon & abode shall continue and retaine the 
name of Southampton by which name & stile it shall be distinguished and 
knowne in all bargaines & sales Deeds Records and writeings they the 
said Patentees and their Associates their heires Successors and Assignes 
makeing improvement on the said land and confirmeing themselves ac- 
cording to law and yielding and paying therefore yearly & every yeare as 
an acknowledgement or Quittrent on fat lamb unto such officer or officers 
as shall be impowered to receive the same as by said Patent Recorded in the 
Secretaryes Office relacon being thereunto had may more fully and at large 
appeare And Whereas of Late some differcHce hath happened betweene 
the Jnhabitants of said towne of Southampton and the Jndyans adjacent to 
said towne concerning the bounds above specifyed and also that the clauses 
above expressed for constituting them a towne and giving them privileges 
and Jmunityes are not sufficient in the law to convey to them such privileges 
& JimTnityes as was designed to be given them And Whereas Major 
John Howell a ffreeholder and one of the Patentees of the aforesaid towne 
of Southampton by Order of the ffreeholders of the said towne hath made 
application unto me that J would confirm unto ye ffreeholders of said 
Towne in a more full & ample manner all the aboverecited tracts and 
parcells of land withm the limitts and bounds aforesaid and finally deter- 
mine the difference between the Jndyans and the flTreeholders of the said 
towne of Southampton And also that J would Erect the said towne of 
Southampton within the Ijimitts and bounds aforesaid into one Towneship 
NOW KNOW YEE That J the said Thomas Dongan By virtue of the 
power and authority to me derived from his most Sacred 3Iajesty aforesaid 



and in pursuance of the same have examined the matter in variance be- 
tween the fFreeholders of the said Tovvne of Southampton and the Jndyang 
and do tinde that the ffreeholders of the Towne of Southampton aforesaid 
have lawfully purchased the lands within the Limitts and bounds aforesaid 
of the Jndyans and have payd them therefore according to agreement 
so that all the Jndyan right by virtue of said purchase is invested into the 
ffreeholders of the Towne of Southampton aforesaid and for and m 
consideracon of the Quittrent hereinafter reserved and other good and law- 
full consideracons me thereunto moveing Have Granted Ratifyed Released 
and Confirmed and by these presents do grant Ratifye Release and Con- 
firme unto Major John Howell Thomas Hallsey Senior Edward Howell 
John Jagger John Foster Francis Sayres Josephct, c^^ %, ffordham Henry 
Pearson Samuell Gierke Job Sayers William Barker Jsaac Halsey ffree- 
holders & Jnhabitants of Southampton heerin after erected and made 
one body Corporate and Politique and willed and determined to be 
called by the name of the trustees of the ffreeholders and cornonalty 
of the Towne of Southampton and their Successors all the afore recited 
tracts & necks of land within the bounds and limitts aforesaid together 
with all and singular the houses MESSUAGES Tenements buildings 
millnes millnedames fencings Jnclosures gardens orchards fields pastures 
woods underwoods trees limber Comon of pastue feedings meadovves 
marshes swamps plaines Rivers Rivolets waters lakes ponds Brookes 
streames beaches Quarris mines mineralls Creeks harbours highwayes and 
Easements fishing hawking hunting and fowling (silver and gold mines Ex- 
cepted) and all other franchizes profitts Comodityes and hereditaments 
whatsoever to the said tracts & neckes of land and premises belonging 
or in any wise appurtaineing or therewith all used occupyed accepted 
reputed or taken to belong or in anyvvayes to appertaine to all intents 
purposes and constructions whatsoever as also all and singular the rents 
arreareages of rents Jssues and profitts of the said tract of land and 
premisses heretofore due and payable To have and to hold all the 
aforerecited tract and parcell of land and premises with their and every of 
their appurtennces unto the said Major John Howell Thomas Hallsey 
Senior Edward Howell John Jagger John Foster Francis Sayers Joseph 
Foidham Henry Pierson Samuell Gierke Job Sayers William Barker Jsaac 
Halsey ffreeholders and comonalty of the towne of Southampton and 
their Successors forever to and for the severall and Respective uses 
following and to no other use intent and purpose whatsoever That is to say 
as for and concerning all and singular the severall respective parcells of 
Land and meadow part of the granted premises in any wayes taken up and 
appropriated before the day of the date hereof unto the several and res- 
pective present ffreeholders and Jnhabitants of the said towne of South- 
ampton by virtue of the aforerecited deed or Patent to the only use benefite 



and behoofs of the said respective present freeholders and Jnhabitaats and to 
their several! and respective heires and Assignes forever And as for and 
concerning all and every such parcell or parcells tract or tracts of land 
"Remainder of tne Granted premises not yet taken up or appropriated to any 
particular person or persons by virtue of the aforerecited deed or Patent to 
the use benefite and behoofe of such as have been purchasers thereof and 
their heires and assigns forever in prt'porcon to their severall and respective 
purchases thereof made as tenants in Cutnon without any lett hindrance or 
molestation to be nad or reserved upon pretence of joynt tenancy or sur- 
vivorship any thing contained herein to the contrary in any ways notwith- 
standing TO BEE IIOLDEN of his said Majesty his heires and Succes- 
sors in ffree and CunlT)n Soccage according to the Manner of East 
Greenwich in the County of Kent within his Majestyes Realme of England 
YEILDING rendering and paying therefore yearly and every yeare from 
henceforth unto Our Sovereigne Lord the King his heires and Successors 
or to such Officer or Officers as shall be appointed to receive the same the 
suTTie of one lamb or the value thereof upon the five and twentieth day of 
March at Newvonie in full of ail Rents or former reserved rents services 
acknowledgements and demands whatsoever AND further By virtue of 
the power and authority to me the said Thomas Dongan as aforesaid given 
and in pursuance of the same and for the reasons and considei^ons above 
recited J have willed determined declared and granted And by these pres- 
ents do will determine declare and grant that the said Jnhabitantsand fTree- 
holders the ffreemen of Southampton aforesaid Comonly called by the 
name of the ffreeholders and Jnhabitants of the towne of Southampton or 
by whatever name or names they are called or named & their heires and 
Successors forever hence forward are and shall be one body Corporate and 
Politique in Deed and name by the name of the trusteess of the ffieehol- 
ders & comunalty of the towne of Southampton and them by the name 
of the Trustees of the fTreeholders and comonalty of the towne of 
Southampton one body corporate and Politique in Deed and name I 
have really and fully for his said Majesty his heires and successors erected 
made ordained constituted and declared by these presents and that by the 
same name they have succession forever And that they and their Succes- 
sors by the name of the Trustees of the fTreeholders and comonalty of 
the towne of Southampton be and shall he forever in future times persons 
able and Capable in law to have perceive receive and possesse not only all 
and singular the premises but other messuages lands Tenements Priviled- 
ges Jurisdictions franchizes and hereditaments of whatsoever kind or spe- 
cies they shall be to thern and their Successors in fTee forever or for the term 
of a yeare or yeares or otherwise whatsoever manner it be and also goods 
Chattells and all other things of whatsoever name nature quality or species 



they shall be and also to give grant release aliene assigne and dispose off 
lands Tenements hereditaments and all and every other act and acts thing 
and things to do and Execute by the name aforesaid and that by the same 
name of the trustees of the ffreeholders and comonalty of the towne of 
Southampton to plead and be impleaded answer and be answered unto 
defend and b^ defended they are and may be Capable in whatsoever place 
and places and before whatsoever Judges and Justices or other persona 
or officialls of his said Majesty his heires and Successors in all & all 
manner of accons Plaints suites Complaints causes matters and demands 
whatsoever of what kind quality and species the same be and shall be in 
manner and forme as any other of his majestyes Liedge people within this 
Province can or are able to have require receive possesse Enjoy retaine 
give grant release aliene assigne and dispose plead & be impleaded 
answer and be answered unto defend and be defended do permitt or exe- 
cute And for the better enabling the Trusteees ot the ffreeholders and 
comonalty of the towne of Southampton aforesaid in doing and Executing 
all and singular the premisses J have willed granted and determined and by 
these presents do will grant and determine that from henceforward and 
forever hereafter the said Trustees of the ffreeholders and Comonalty 
of the towne of Southampton doe and may have and use a Com- 
mon scale which shall serve to Execute the causes and affairs what- 
soever of them and their Successors And further J will and by these 
presents inbehalfe of his said Majesty his heires and Successors that hence-= 
forward forevermore there be and shall be Trustees of the ffreeholders and 
comonalty of the towne of Southampton aforesaid to be chosen and elect- 
ed as in these presents hereafter is menconed who shall be and shall 
be called the Trustees of the ffreeholders and Comonalty of the towne 
of Southampton and they and their Successors shall and may at all conve- 
nient times hereafter upon a publique suTuons to be obteined at the request 
of any three of the Trustees aforesaid from any of his Majesty's Justices 
of the peace of the said towne or for default thereof from any of the 
Justices of the County of Suffolk for the time being assemble and meet 
together in the towne house of the said towne or in such other publique 
place as shall be from time to time appointed to make such acts and orders 
in writing for the more orderly Doejng of the premisses as they the said 
Trustees of the ffreeholders and Comonalty of the towne of Southampton 
aforesaid and their Successors iVcm time to time shall and may think 
CONVENIENT so allwoyes as the said acts and orders be in no Maye» 
repugnant to the laws of England and of this Province which now are or 
hereafter may be Established and that they be not in any wayes against 
the true intent and meaning of these presents AND also J will ordaine and 
determine that all and singular the aforesaid acts and orders from time t© 



time shall be made and ordered by the vote of the Major part of the said 
Trustees of the ftVeeholders and Comonalty of Che towne of Southampton 
aforesaid or at least by the vote of the Major part of such of them as 
shall from time to time Assemble and meet together in manner as afore- 
said so allwayes there be not fewer in number than seaven "h> "^ of the said 
Trustees present at such meetings so to be held as aforesaid and for the 
better execucou of this grant in this behalfe J have assigned nominated 
Created Constituted and made and by these presents do assigns nominate 
Create Constitute and make Major John Howell Thomas Halsey Senior 
Edward Howell John Jagger John Foster Francis Sayres Joseph Ford- 
ham Henry Pearson Samuell Clarke Job Sayers William Barker Jsaac 
Halsey to stand and be the first modern Trustees of the ffreeholders and 
Comonalty of the Towne of Southampton to continue in the aforesaid Of- 
fice from and after the date of these presents until the time that others be el- 
ected and Chosen in theirstead According to the manner and forme herein 
after expressed And moreover Jdo by these presents forand on the behalf of 
his Most Sacred Majesty aforesaid his heires and Successors appoint that the 
Trustees of the ffreeholders and Comonaltyofthetown of Southampton Con- 
stables and Assessors within the towne of Southampton aforesaid be yearly 
Chosen on the first twesday of Aprill forever Viz : twelve Trustees of the 
ffreeholders andComonalty of the towne of Southampton two'Uj'HsConstables 
and two Vj vtj Assessors in such publique place as the trustees for the time being 
shall appoint and direct and that the Trusteess Constables and assessors 
be Chosen by the Majority of voices of the flTreeholders and freemen of the 
towne of Southampton aforesaid AND Lastly J give and grant for and on 
behalfe of his said Majesty his heirs and Successors by these presents to all 
and every person and persons and to whatsovever person subject to his said 
Majesty his heires and Successors free and lawfull power ability and author- 
ity that they or any of them any messuages Tenements Lands meadows 
feedings pastures woods underwoods rents reve'rcbns services and other he- 
reditaments whatsoever within the said County of Suffolke(which they hold 
of his Sayd Majesty his heires and Successors unto the aforesaid Trustees 
of the ffreeholders and Comonalty of the towne of Southampton and 
their Successors shall and may Give grant Bargaine sell and ahenate to 
have hold and Enjoy unto the said Trustees of the ffreeholders and Com- 
onalty of the Towne of Southampton and their Successors forever YEILD- 
ING and paying therefor unto his said Majesty his heires and Successors 
on the said twenty fifth day of march yearly and every yeare forever the 
full and just sume of forty shillings Current money of this Province at 
Newyorke Wherefore by virtue of the power and authority aforesaid J 
do will and command for and on behalfe of his said Majesty his heirs & 
Successors that the aforesaid ffreeholders and Comonalty of the towne of 



Southampton and their Successors have hold use and Enjoy And that they 
shall and may forever have hold nse and Enjoy all Ihe Libertyes authorityes 
Customes orders ordinances franchizes atqiiitfancos lands Teneitienls and 
hereditaments good* and Chatlells aforesaid accoiding to tlie tenure and 
effect ofthese presents without the lelt or hinderance of any person or persorus 
whatsoever JN TESTIMONY Whereof J have caused the scale of ihe 
said Province to be hereunto affixed and these presents tobe entered in the 
Secretaryes Office Witness my hand at Fort James the sixth day of De- 
cember—One thousand six hundred Eighty six & in the second yeare of 
his said Majestyes Reigne 



* * 

I L. 8. I 

********* 



10 

Recorded in the Secretaryes OfBce for the province of Newyork in Lib. 

No. 2. fol ^ 

Js. SWINTON Secry. 



Att a Councill held att ffort James the sixth dav of December 16S6 

present his Excje the Governr 
Majr. Antho Brockholls 
Majr. ffrederick fflipsen 
Mr. Stephanus Corthmd 
Mr. John Sprngge 
Majr. Geo : Baxter. 
This Pattcnt was approved of: 

J. S: SWINTON CI Concil 



May it please yes. Excellcy 

The Attorney Gonerall Hath perused this Patent And 
Finds Nothing Contained iheiein prejudicial! to his 
M:ijy-s Jntereat 
Exam X m ber 6ih 
16S6. 



Ja : GRAHAM 

I certify the preceding to be a true copy of the original Town Patent 
deposited in this office. 

JONA. FITHIAiN", 

Joivn Clerk. 
Southampton, Feb .14th, 1835. 



ERRATA. 
First page, eleventh line, nfier the name of John Tapin», there is a ( , ) which in not 
so in the ori;;inal. In the same line the word Peace is cooimenced with a capital P, it 
should be p. 

Pa2e 4 line Toarth the second atul, should be &. 

Paire H. ei:;lilppnlh line, March should commence with m. Same page, 12 lines from 

the lioiiom I should be J. Iti ilie next line below it, surcesjorj, should ciTiinience with S. 

Pa^'e 8. Kith Whp. behalf, should be behalfe. Same page, 17 lines from the bottom, 

heirs. <»IiohIiI ba heires. And in the 2\ line from thu bottom, command, should com- 

ine i'".o with C. And in \\\«i sane lin«. heirs shiuld be heires. 

Exclii-^ivc of the above errata — 

I rio he;eby Ccrliiy, that the forpgoing printed Patent, of the Town of 
Southampton, is a true and correct copy, I' erbalhn ei literaiim et punctw 
atim, of the Original, deposited in the Clerk's Office, of this Town. 

H. W. HUNT. 
Publisher. 
Sag-Harbor, Feb. 20th, 1835, 



II 

AN ACT relative to the common and undivided lands and mar9h63 in 
Southampton, in the County of Suffolk. 

Passed April 15, 181S. 

I. Be it enacted by the People of the Stale of J^eio-York, represented in 
Senate and Assembly, That it shall and may be lawful for the proprietors 
of the undivided lands and meadows, held by them as tenants in common, 
in the town of Southampton, county of Suffolk, and state of New-York, 
to meet on the first Tuesday in May next, at the mseting-honse in South- 
ampton aforesaid, & annually thereafter on the first Tuesday in April, at such 
time & place as a majority of the said proprietors present shall determine ; 
and at every such meeting the said proprietors, or a majority of such of 
them as shall be present in person or by attorney, are hereby authorised 
and empowered to elect for the term of one year, or until others are cho- 
sen, notless than six nor more than twelve persons, being proprietors, trus* 
tees to managfl all the undivided lands, meadows and mill streams, in said 
town of Southampton ; whioh truKtRes shall meet immediately after tho 
annual meeting of the proprietors, and shall adjourn from time to time, 
as they shall think proper. 

II. And be it further enacted. That the said trustees shall have the 
same power to superintend and manage the undivided lands, meadows and 
mill streams aforesaid, as the trustees of the freeholders and commonal- 
ty of the town of Southampton now have, and shall have full power to sell, 
lease, or to partition, and to make such rules and regulations, and by-laws 
for managing the said lands, meadows and mill streams, and meadows that 
may hereafter make in the waters of said town, that shall not be the prop« 
erty of individuals, and also to impose such penalties on any proprietor 
offending against such rules and regulations, or any of them, as a majority 
of them shall judge meet and proper, not exceeding twenty-five dollars for 
any one offence ; which by-laws rules and regulations, so made by the 
trustees, shall be recorded by the clerk to be appomted by said trustees ; 
and ''urthermore, the trustees shall at their first meeting annually elect one 
of their number president, who shall preside at their meetings, and shall 
have a casting vote, and no other ; and it shall be the duty of said 
trustees, whenever they may judge it necessary, to call a special ineet» 
ing of the proprietors, by advertising the same in four or more con- 
spicuous places in the said town of Southampton, at least eight days pre« 
vious to said meeting, and the proceedings of such meeting thus called, 
shall be as good and valid as if done at the annual meeting aforesaid ; and 
it shall also be the duty of the president of the trustees to call a meeting 
of the trustees whenever he may deem it necessary. 

III. And be it further enacted, That it shall be the duty of said clerk 
of the trustees to keep a record of the names ofeach proprietor, and the 
amount of right to him or her belonging, and to make transfers of the 



I 

*ame, and no person shall be entitled to a vote at any meeting of said 
proprietors, without their names are entered on said record. 

IV. Andbe it further enacted, That the said trustees shall have power 
to sue for and recover, for the use of said proprietors, all such penalties as 
may be incurred by a breach of any rule, regulation or by-law, made as 
afoiesaid, and shall have full power and authority to prosecute, bring and 
maintain suits for all trespasses which may be hereafter committed on the 
said land.?, m?adovv3 and mill streams by any person or persona ; Provided 
nevertheless^ that nothing in the afore recited act shall be construed to give 
the proprietors or their trustees any power to make any laws, rules or regu- 
lations, concerning the waters (other than mill streams) the fisheries, the ' 
sea-weed, or any other productions of the waters of said town, or in any 
manner or way to debar the inhabitants of said town from the privilege of 
taking sea weed from the shore.-j of any of the common lands of said town, or 
carting or transporting to or from, or Ian ling property on said shores, in 
the manner horetofore practised ; which watora, fisheries, sea-weed and 
productions of tho waters, shall be managed by the trustees of the free- 
holders and commonalty of the Town of iSouthampton, for the benefit of 
said town, as they had the power to do before the passing of this act; 
Provided farther, that nothing herein contained shall in any manner affect 
or alter the right, title or interest of any person^ or the inabitanta of said 
Iowa to any of the before mentioned premises. 



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